Re: [ga] Court oversight

["kidsearch" <kidsearch@xxxxxxxxxxxxx>]

The ability to suspend domain names or transfer them for IP reasons does set
up ICANN as an entity that give give legal relief to plaintiffs. ICANN did
create that situation and precedent. Do you disagree?


----- Original Message ----- 
From: "Veni Markovski" <veni@xxxxxxxx>
To: "ga" <ga@xxxxxxxxxxxxxx>
Sent: Tuesday, October 10, 2006 5:21 AM
Subject: Re: [ga] Court oversight


> At 04:54 PM 09.10.2006 '?.'  -0700, Karl Auerbach wrote:
> >In any modern system in any country one would hope that anyone who
> >believes that they have been harmed can seek an impartial
> >examination of their claim.  Do you really believe, as your comment
> >suggests, that we want a world in which people can be harmed or
> >constrained but not have recourse to impartial processes to ask why
> >and request a remedy?
>
> Well... suing McDonalds for serving coffee, which is hot, is a little
> bit beyond my understanding of being harmed. In Bulgaria such a case
> would have been solved by the judge orally, rejecting the request, by
> saying, "it's coffee, it's always hot, go away". In the US that's a
> case for millions of dollars.
>
> >To my mind it is very clear that ICANN has indeed created this
> >situation.  And because there were loud and clear warnings from even
> >before ICANN's birth ICANN is not in a good position to claim that
> >it created this situation by accident.
>
> No, the situation is created by the two parties. The judge thinks
> "how can I stop it"? And he goes to ICANN. What will happen now
> depends on a number of actions, and we'll see. In anycase, regardless
> what contracts ICANN has made, and to what extent they are relevant
> in this case, any judge has the right to issue anything, related to
> ICANN. ICANN doesn't seem to have the legal authority to do this, at
> least I don't see it.
>
>
> >ICANN has, instead of doing its proper job, danced its way into being a
> >centralized planning agency a la the Soviet Union of 1935.  ICANN
> >dictates all kinds of economic and business matters that not only have
>
> There's a contradiction here. Let me ask you: shall the market define
> the prices for domains? ICANN has been blamed in the past for acting
> like a regulator. What do you think?
>
>
>
> Sincerely,
> Veni Markovski
> http://www.veni.com
>
> check also my blog:
> http://blog.veni.com
>
>
>
>
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